Freshwater and Marine Tenure 101: Who Gets to Use and Manage Water and Ocean Resources

Water is essential to so much of life—from food and livelihoods to culture and ecosystems—but who has the right to access and use it? In this episode of People, Places, Planet, host Natalie Triana is joined by ELI Senior Attorneys Jessica Troell and Sofia O’Connor for a "Freshwater and Marine Tenure 101.” They explain what freshwater and marine tenure are, why they matter, and how they shape the ways communities access, use, and manage water and ocean resources. Jessica and Sofia break down the systems that govern freshwater and marine tenure, from national laws to customary and Indigenous practices, and explore why secure tenure matters for Indigenous peoples, small-scale fishers, women, and other communities. They discuss how insecure tenure can leave communities vulnerable to competing demands, environmental degradation, and other large-scale activities. The conversation also examines gaps in existing legal frameworks, including fragmented laws, limited recognition of customary and Indigenous rights, and permitting systems that may not work for communities. Finally, Jessica and Sofia explore promising approaches to strengthening freshwater and marine tenure and share examples from ELI’s work around the world.  To learn more about ELI’s work, explore the resources below: Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing Indigenous Peoples’, Afro-descendants’, and Local Communities’ Water Tenure Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus Law and Governance Toolkit for Sustainable Small-Scale Fisheries: Best Regulatory Practices Legal Guide to Enabling & Strengthening Coastal Fisheries Co-Management in the Pacific Timestamps: What Is Water Tenure? (2:05) Why Does Secure Water Tenure Matter? (7:10) Recognizing Customary and Indigenous Water Rights (12:08) How Water Tenure Is Governed (19:14) Gaps in Water Tenure Governance (24:01) Strengthening Freshwater and Marine Tenure (35:48)  ★ Support this podcast ★

What does it take to give people a meaningful voice in environmental decision-making? In this episode of People, Places, Planet, host Natalie Triana, joined by ELI Senior Attorney Kristine Perry, explore two landmark regional instruments: the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) and the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement.)  They’re joined by Jonas Ebbesson (Stockholm Environmental Law and Policy Centre) and Patricia Madrigal Cordero (Chair of the Committee to Support Implementation and Compliance of the Escazú Agreement).  The conversation begins with the origins of the Aarhus Convention and the Escazú Agreement. Both instruments are based on three main pillars: access to environmental information, public participation in decision-making, and access to justice. The guests unpack what those rights look like in practice and how the two instruments have influenced one another over time. The discussion then turns to implementation and compliance, drawing on Jonas and Patricia’s experience serving on the Aarhus and Escazú compliance committees. They discuss how these bodies work, the challenge of building trust with governments while holding them accountable, and some of the successes and challenges of putting environmental rights into practice. The episode also explores the recognition of environmental defenders, including the Escazú Agreement's explicit protections for defenders and the protections that have evolved under the Aarhus Convention. This episode is part of a series of episodes related to ELI's work on environmental and land defenders. To watch the other episodes, see below: Land Rights, Impunity, and the Fight to Protect Brazil's Environmental and Land Defenders Defensores ambientales: hacia la rendición de cuentas en Colombia Environmental Defenders: On the Frontlines of Conservation Timestamps:The Origins of Aarhus and Escazú (4:50) What Rights Do Aarhus and Escazú Protect? (9:36) From Rights to Reality: Aarhus and Escazú in Practice (14:18) Aarhus and Escazú: Similarities and Differences (18:40) Compliance, Implementation, and Accountability (28:08) Protecting Environmental Defenders (37:27) The Path Forward (45:28)  ★ Support this podcast ★

Does next generation geothermal have the capital and regulatory certainty to scale? In part two of this two-part series, host Sebastian Duque Rios continues the conversation on geothermal energy, turning to the financing and policy side of the equation with a panel of experts: Caroline de Bossart (Grantham Foundation), Drew Nelson (Project InnerSpace), and Susannah Dibble (Environmental Law Institute). The conversation first digs into the challenges of financing geothermal energy. The panel unpacks the unique risk profile of geothermal projects (front-loaded drilling costs, resource uncertainty, and the absence of standardized data) and how emerging tools could unlock institutional lending and insurance the way similar frameworks have for oil and gas. They also explore the regulatory patchwork shaping geothermal's growth state by state, from Texas and Colorado's bipartisan legislative wins to the Mountain West Coalition's push for coordinated permitting and financing reform, and what an ideal legal and regulatory environment — one built to keep pace with fast-moving technology — could look like. Along the way, the panel covers permitting timelines, water rights and reinjection issues, and where organizations like ELI can help close the remaining research and policy gaps. It's a wide-ranging look at what stands between geothermal and the capital it needs to scale, and the policy moves that could unlock it.For more information, see part one of this two-part series and ELI's webinars on The Future of Geothermal:Power GenerationHeating and Cooling of BuildingsFinancing geothermal: why capital is lagging behind (3:48)Building a regulatory environment that unlocks investment (14:01)State-by-state: geothermal's regulatory patchwork (18:59)Water law as a case study (30:58)Concluding thoughts & what to watch for as geothermal scales (35:19) ★ Support this podcast ★

Geothermal energy is having a moment. As demand for reliable, always-on power grows alongside data centers and electrification, new drilling technologies are unlocking geothermal's potential far beyond its traditional strongholds in California, Nevada, and Iceland. In part one of this two-part series, host Sebastian Duque Rios sits down with Tom Lutken, science fellow at the Environmental Law Institute, for a primer on how geothermal energy actually works — and what's changing.We break down the science behind geothermal electricity generation, the difference between direct-use applications and power generation, and next-generation technologies like enhanced geothermal systems, advanced geothermal systems, and super-hot rock geothermal that are expanding where geothermal can be developed. The conversation also covers drilling costs, potential risks, and innovative approaches aimed at solving geothermal's biggest cost barrier.The episode closes with a preview of the regulatory landscape shaping geothermal's growth with Susannah Dibble, staff attorney at ELI. From the decades-old Geothermal Steam Act to the state-level legislation now playing catch-up with the technology, we highlight some of the major financing, legal, and policy questions surrounding geothermal that merit further analysis. The second part of this series digs deeper into these issues with a full panel of experts.For more information, see ELI's webinars on The Future of Geothermal:Power GenerationHeating and Cooling of Buildings ★ Support this podcast ★

Forever chemicals are everywhere — in your carpet, your cookware, your cosmetics, and increasingly, your drinking water. PFAS — per- and polyfluoroalkyl substances — have been building up in our environment, our water, and our bodies for decades. And while federal regulatory momentum on forever chemicals is stalling, states are moving in the opposite direction. In this episode of People Places Planet, we sit down with Secretary Jim Kenney, General Counsel Zachary Ogaz, and Assistant General Counsel Greg Smithkier from the New Mexico Environment Department to break down what PFAS are, why they're so difficult to eliminate, and what state-level action actually looks like in practice.They walk us through New Mexico's multi-pronged PFAS strategy: listing aqueous film forming foam (AFFF) as a hazardous waste, phasing out PFAS-containing consumer products, and implementing the country's first-ever consumer product labeling icon for intentionally added PFAS. They also discuss the state's ongoing litigation against the Department of Defense over PFAS contamination at Cannon Air Force Base.New Mexico has emerged as a national leader on PFAS action, and this conversation reveals exactly how — and why it matters for every state. With EPA rolling back MCLs and retreating from class-based regulation, the episode raises a broader question: can a patchwork of state policies produce national standards? And, at what cost to states already stretched thin on resources and scientific capacity?Also, be sure to check out ELI's recent report Current Trends in Toxics Litigation for more information on PFAS litigation trends.What are PFAS, what risks do they pose, and where can they be found? (01:38)PFAS regulation at the State and Federal level (10:13)New Mexico's PFAS playbook: hazardous waste listing, phase-outs, and labeling (14:42)Litigation and the Cannon Air Force Base case (26:46)New Mexico's PFAS conversation in DC (35:11)What's next: federal science, state capacity, and closing thoughts (40:06) ★ Support this podcast ★

The fashion and textiles industry accounts for up to 10% of global greenhouse gas emissions, consumes 93 billion cubic meters of water annually, and generates 92 million tons of waste each year — yet only 1% of textiles are recycled back into new products. In this episode, we sit down with three leading experts to unpack one of the most resource-intensive industries on the planet and explore what a genuinely circular textiles sector could look like.We're joined by Mark Sumner, Head of Textiles at WRAP; Sarah Morley, Strategic Engagement Manager at WRAP Americas; and Linda Breggin, Senior Attorney at the Environmental Law Institute. Together, we trace the full lifecycle of a garment from field to landfill, examine fast fashion as a consumer behavior rather than just a retail phenomenon, and explore how circular design, durability standards, voluntary industry agreements, and policy intervention are beginning to reshape the system.Whether you're working in sustainability, environmental policy, waste reduction, or supply chain management, this episode offers both the big-picture framework and the on-the-ground insights you need to understand where the textiles industry is headed — and what it will take to get there. See WRAP's website for more information.Introduction: The Environmental Footprint of the Fashion and Textiles Industry (02:37)Lifecycle of a Garment: Hotspots, Impacts, and Intervention Points (03:47)Circular Design in Practice: The Pillars of a More Sustainable Textiles Industry (11:05)Changing Consumer Behavior (21:34)The UK Textiles Pact and the Durability Accelerator: Industry Collaboration in Action (29:49)WRAP's US Expansion: Landscape Review, Gaps, and the Road Ahead (45:14)The Role of State and Local Governments (48:33)Concluding Thoughts (54:43) ★ Support this podcast ★

The Toxic Substances Control Act is the cornerstone of chemical regulation in the United States — but for most of its existence, it was widely considered unenforceable. In this episode of People, Places, Planet's Explained series, host Sebastian Duque Rios is joined by Lynn Bergeson, Managing Partner of Bergeson & Campbell, and Bob Sussman, former senior EPA official and Principal at Sussman & Associates, to break down TSCA from the ground up. Together, they walk through the foundational building blocks of the law — what chemicals TSCA covers, how Sections 4, 5, and 6 govern testing, new chemical pre-market review, and existing chemical risk evaluation, and why the "unreasonable risk" standard at the heart of the statute proved so difficult to apply in practice. They also trace how the 1991 Corrosion Proof Fittings decision paralyzed EPA's regulatory authority for a generation, and what the 2016 Lautenberg Act fundamentally changed. Lynn and Bob are co-chairs of the TSCA Reform 10 Years Later conference, taking place June 10th at George Washington University — a free, hybrid event covering risk evaluation, risk management, new chemicals, and the legislative road ahead. The annual conference is co-sponsored by ELI, Bergeson & Campbell, P.C., and the George Washington University Milken Institute School of Public Health. Register here to attend in-person or via livestream. For those who wish to attend in-person, please registration will close on June 9, 2026, or when capacity is reached. ★ Support this podcast ★

After the Sackett v. EPA Supreme Court decision stripped back federal Clean Water Act protections, local governments found themselves on the frontlines of wetland conservation — and many have more tools available to them than they realize. In this special American Wetlands Month episode, host Sebastian Duque Rios talks with wetland policy experts and on-the-ground practitioners about what local action looks like in practice.ELI Senior Attorney Amy Reed introduces the Environmental Law Institute's newly published Local Wetland Protection Playbook — a practical guide to regulatory and non-regulatory strategies for municipalities, landowners, and community advocates. Then we hear two case studies. First, we're joined by Karen Cappiella (Center for Watershed Protection) to discuss how Bluffton, South Carolina became the first municipality in the state to close the post-Sackett loophole through a phased wetland ordinance and updated GIS mapping. Finally, we're joined by Mahtaab Bagherzadeh (National Wildlife Federation) and Nina Struss (Prairie Rivers Network) to learn more about how a bi-state coalition in the Quad Cities region of Iowa and Illinois is using climate assessments, ecological corridor mapping, and collaboration to protect wetlands in the region.02:12 – Why Wetlands Matter 05:57 – ELI's Local Wetland Protection Playbook & the Post-Sackett Landscape 13:50 – Case Study: Bluffton, SC — Local Wetland Ordinances in Action 26:41 – Case Study: Quad Cities, IA/IL — Climate Data, Ecological Corridors & Collaboration 58:55 – Closing & How to Get InvolvedSee the resources mentioned during the episode for more information:ELI's Local Wetland Protection PlaybookNWF Nature-Based Solutions Funding Database ★ Support this podcast ★

Fifty-six years ago, the first Earth Day helped spark a generation of landmark environmental legislation — and the Environmental Law Institute (ELI) was born from that same moment. On this Earth Day 2026, host Sebastian Duque Rios sits down with ELI President Jordan Diamond and Senior Attorney Jay Austin to trace the arc of environmental law from that founding era to the compounding crises of today.Together, they reflect on how statutes like NEPA and the Clean Air Act were designed with more foresight than we often credit them for, why adaptive management is baked into the DNA of environmental law, and how ELI is responding to an era of rapid institutional change — from regulatory rollbacks and executive action to the governance challenges posed by emerging industries like deep sea mining, geothermal energy, and data centers. They also dig into ELI's new collaboration with the Federation of American Scientists' (FAS) Center for Regulatory Ingenuity and their joint white paper laying out a framework for rebuilding and reimagining environmental governance fit for the 21st century.This episode is a candid, long-view conversation about what it takes to protect people, places, and the planet. For more information on other emerging topics in environmental law, see our recent episode, "What's Next for Environmental Law in 2026." ★ Support this podcast ★

Environmental and land defenders in Brazil face some of the highest rates of violence in the world, yet most attacks are never investigated, and fewer still result in prosecution. In this episode of People, Places, Planet, host Sebastian Duque Rios speaks with Kristine Perry, staff attorney at ELI, and Amael Notini, ELI's in-country partner in Brazil and legislative consultant to the Brazilian Federal Senate, about the systemic forces driving violence against defenders and what accountability could look like.Together, they explore how Brazil's legacy of land inequality, weak rural state capacity, and a deeply entrenched culture of impunity have put Indigenous and Quilombola communities, small-scale farmers, and civil society actors at risk. The conversation covers the structural roots of land conflict, the ongoing contested ratification of the Escazú Agreement, the temporal framework threatening indigenous land rights, and what — if anything — emerged from COP 30 in Belém for defender protection. The episode concludes with a first look at what the team is finding as they build a first-of-its-kind database tracking investigations and prosecutions of lethal attacks against defenders across Brazil, Colombia, and Mexico, and why that data matters. This episode is part of ELI's ongoing series on environmental defenders across Latin America. If you've missed our previous episodes, check out our introductory episode on environmental defenders and ELI's database ("Environmental Defenders: On the Frontlines of Conservation") and our Spanish-language episode on the Colombian context ("Defensores ambientales: hacia la rendición de cuentas en Colombia"). For more information on the project, consult ELI's Platform to Protect Environmental Defenders.  ★ Support this podcast ★